GUNNER MAMRAJ Vs. CHIEF OF ARMY STAFF

JUDGEMENT

(1.) The primary question involved in this Appeal is whether order discharging Appellant from service was invalid for having been passed by an incompetent Authority.

(2.) Appellant was convicted and sentenced by the Court Martial four times and had earned four "red ink" entries. He was put on show cause notice dated 15.9.1994 informing him that his retention in service was undesirable under para 590 of Artillery Records Instructions, 1990 and Army Headquarter Letter No. A/13210/159/AG/PS 2(c) dated 28.12.1988 and to show cause why his services be not terminated under Army Rule 13(3)(v). He replied to this, but was discharged all the same vide dischage certificate dated 1.10.1994 communicated and signed by his Commanding officer.

(3.) Appellant filed CW 2674/95 to challenge this on a variety of grounds also questioning the court martial proceedings and the charges levelled against him etc. Though his general grievance was that respondents had not replied to the objections taken by him to the show cause notice and had discriminated against him by allowing some other personnel to continue in service even though they had earned five such entries, his main thrust was that his order of discharge was not passed by the competent authority,i.e ., Brigade or Sub-Area Commander under Rule 13(3 )(V).